Research On The Inherent Rights Of Shareholders

Shareholders' rights and their protection system are the important system in the system of corporate law,and the attribute of shareholders' rights is clear,which is beneficial to protect the shareholders' rights.Shareholders 'rights can be divided into different types according to different standards.Among them,the reserve right and the non-reserve right are the more common types of division.However,the legal scholars in our country do not make an in-depth analysis of the theory of shareholders' ownership.The provisions of the Supreme People's Court on Several Issues Concerning the Application of the Company Law of the People's Republic of China(4)The protection of the shareholders 'right to know the provisions of the articles of association,the shareholders' agreement and so on shall not substantially deprive the shareholders of the right to know the right to know the right to know Inherent attribute.Shareholders' inherent rights are the inalienable rights enjoyed by shareholders in accordance with the law.In the case of the inherent definition of standards,the existing standards of self-interest and mutual benefit are not able to specify the nature of the inherent right,whether the law can be deprived or restricted by the law that can not answer "what kind of right is not Legal oversight or restriction " of the issue,the legal mandatory norms that the importance of the rights of shareholders that failed to put forward practical judgments.The definition of the shareholders 'rights should be based on the mandatory nature of the law and the importance of the shareholders' rights.Shareholders' tenure is the basic right enjoyed by the shareholders.It is the inherent right of the shareholders,such as the protection of the mandatory law of the company law,the right of assets,the right of management,the right to know and the right of relief.The pre-emptive right of the shareholders,the right of first refusal,and the right of inheritance are non-permanent.Shareholders' inherent rights shall not be deprived of the law,but may be restricted according to the provisions of the law or the interests of the company's overall interests,and may be reasonably restricted after obtaining the consent of the shareholders.Restrictions on the inherent rights of shareholders can not substantially deprive the shareholders of the inherent rights,otherwise the relevant provisions or agreement is invalid.